racism

picture of an empty seat at the table for Dr. Jones
August 27, 2014

An Empty Seat at the Table: In Memory of W. Terrell Jones

On Tuesday, August 19, I received a forwarded email from PSU Executive Vice President and Provost Nicholas P. Jones:

It is with deep sorrow that I’m writing to inform you that our colleague and friend, Dr. Terrell Jones, Vice Provost for Educational Equity passed away this morning.  Terrell had been on medical leave the last few months.  He will be greatly missed across the University not only for the impact of his contributions to Penn State, but also for simply the wonderful person that he was.  We will share with you the details regarding funeral arrangements as they become available.  Please keep Carla [Roser-Jones] and Terrell’s children in your thoughts and prayers.

This short note brought tears to my eyes and a great sense of loss. W. Terrell Jones was a civil rights advocate par excellence both in and out of work. He brought humor and caring to everything he did.

picture of Terrell Jones & Carla Roser-Jones

W. Terrell Jones (pictured with his wife Carla Roser-Jones). A Civil Rights advocate in and out of work.

I first met Terrell in the early 1990’s when I attended a meeting of the Centre County Advisory Council to the Pennsylvania Human Relations Commission (PHRC). Soon after that, I was appointed to this Council and served with Terrell up until his death. Until March of 2013, Terrell chaired the monthly meeting of the Advisory Council. His passion for low-income students of color, concern for community diversity and acceptance, and a love of knowledge was quite apparent.

He was a teacher, a counselor, a fountain of trivia on people and ethnicities across the country and around the world. And did his work—both paid and unpaid with a sense of humor and dignity. Here’s a sampling of his ability to teach with humor in the classroom; this is one of the many classes on race relations and cultural diversity that he taught over his 35 years of work at the Pennsylvania State University and one year at Lock Haven University.

On Thursday, August 21, I attended the bimonthly meeting of the Inter Agency Task Force on Community Activities and Relations in Harrisburg. According to the PHRC,

The task force is made up of [the] PHRC, the PA Attorney General’s Office and the PA State Police, working in conjunction with other state and federal agencies, community organizations, advocacy groups, local government and law enforcement agencies.  The primary function of the group is to quickly and appropriately address civil tension when conflicts occur, and to promote positive community relations among various groups in order to prevent tension.

The meeting was opened at 10:30 am by Tameka Hatcher, Program Analyst for the PHRC. We usually open these meetings by going around the table and introducing ourselves. This morning was slightly different. Tameka held up Terrell’s name plate and announced that he had passed after a four-month battle with cancer. She asked for a moment of silence and then asked Martin Kearney, Investigative Supervisor at the PHRC and me to say a few words about Terrell. We then placed the name plate at the table to honor our missing comrade.

picture of an empty seat at the table for Dr. Jones

An Empty Seat at the Table: In Memory of Dr. W. Terrell Jones

Here’s some of the accomplishments we talked about:

Local Ordinances

Terrell helped organize a community public forum on discrimination in housing and employment based on sexual orientation and gender identity about 8-9 years ago. Based on the feedback from that forum, the State College Borough decided to review their Fair Housing Ordinance that had passed in 1994 and decided to expand it as well as create an employment anti-discrimination ordinance in 2008. Working with the Centre County Advisory Council, Terrell and I worked with the town council to help craft the new ordinances that now contain the broadest anti-discrimination protections in the state. The employment ordinance includes marital status, familial status, family responsibilities, gender identity, and sexual orientation in addition to the state-level protections found in the Pennsylvania Human Relations Act. The public accommodations and fair housing ordinance includes marital status, familial status, gender identity, sexual orientation, and source of income in addition to the state-level protections of the Pennsylvania Human Relations Act.

Tension and Hate

Calming down communities when tensions rise due to religious, racial, gender, or LGBTQIA intolerance, vandalism, and/or hate speech was a forte for Terrell. He created trainings on racial equality, worked with groups to figure out how structurally and organically they could improve their communities to be more accepting and tolerant. He did this for the entire Penn State University community at all of the campuses, within Centre County and across the state. Working with Unity groups, the PHRC, and coalitions, he helped bring together people.

Statewide Leadership

At Penn State University

Seen as an expert on race relations and diversity, Terrell was often called upon to lead programs and organizations dealing with these types of issues. When he started his position as Vice Provost of Educational Equity in 1998, he created “A Framework to Foster Diversity.” According to the Centre Daily Times, this document is a regularly updated plan outlining Penn State University’s diversity and equity goals. As part of his leadership in this position, Terrell oversaw many different offices and commissions to achieve his vision of “an inclusive and welcoming environment for all.” These offices and commissions include:

Units and Programs

College Assistance Migrant Program
Educational Opportunity Center (Philadelphia)
Multicultural Resource Center
Office for Disability Services
Office of Veterans Programs
Student Support Services Program
Talent Search
Talent Search York
Upward Bound
Upward Bound Math and Science Program
Upward Bound Migrant

Commissions and Committees

Equal Opportunity Planning Committee
President’s Equity Commissions
Commission on Lesbian, Gay, Bisexual, and Transgender Equity
Commission on Racial/Ethnic Diversity
Commission for Women

And according to the PSU Office of the President, Terrell led other programs and events throughout his tenure at the University: “He served on the University’s Forum on Black Affairs for many years, and was its president from 1986-87. He also was chair of the Equal Opportunity Planning Committee from 1989-96 and Penn State’s Representative for the Global Sullivan Principles from 2000-2005.”

Community Leadership

As I previously stated, Terrell was appointed to and later led the Centre County Advisory Council to the PA Human Relations Commission for over 20 years. We met 10 out of the 12 months of each year and then held a family picnic for members every August. Our meetings brought together members of the community who act as the “eyes and ears” of diversity in the community. We gathered each month to discuss concerns about injustice and joys of acceptance of people of all backgrounds within Centre County.

Both of us also handled the Blue Pages phone hot line answering questions about unfair treatment and potential discrimination.  As appropriate we gave these individuals information on how to contact the PHRC to file a complaint and/or provided on other resources to assist them in resolving their issues.

Over the years, several different representatives from the Pennsylvania Human Relations Commission would attend these meetings so that we could pass on the news – both good and bad – to help the state monitor issues of inclusion and tension throughout the state.

We also had a good time, always looking forward to Terrell’s “main dish” offerings at our picnics. He fed us with fried turkeys, roasted pork, and tons of catfish over the years – all his own handiwork!

Terrell was also active in his local church – the Jacob Albright-Mary McLeod Bethune United Methodist Church. I understand that he was one of the leaders of this church, having served from 1990 until his death as a member of its Administrative Council. At the funeral, Reverend Kathleen Danley described his leadership by telling about her arrival at the church this past January. She said that members of the church seemed very tense or sad about their former preacher’s departure. Until Terrell arrived. She said with his arrival, the tension left the room and everyone felt better and got to work. Having that kind of presence is rare.

Leadership across the Commonwealth

Terrell also brought his wisdom and expertise to all corners of the Commonwealth. I asked Martin Kearney, the Investigative Supervisor for the Harrisburg Regional Office of the Pennsylvania Human Relations Commission to put this part of Terrell’s leadership into perspective. Here’s the email he wrote in response:

You asked me about Terrell’s work with PHRC.  I have had the pleasure to have worked with Terrell for nearly a decade when he was Chair of the PHRC Advisory Council for Centre County.  Other colleagues, such as Homer Floyd, Kaaba Brunson, and Ann Van Dyke have known and worked with Dr. Jones for three decades or more.  I am grateful I had the opportunity to learn from him and his work.

Essentially, from the state standpoint, Terrell was key in helping make PSU a more welcoming place for persons of all protected classes, particularly but not exclusively students of color, in his career.  He kept the PHRC apprised of these efforts, especially in regard to academic achievement and safe learning environment for these students.  His work in the vineyard has borne fruit, but as we know, more labors need to be made to make education more accessible and affordable for students in need.

Terrell was active with the Pennsylvania Black Conference on Higher Education (PBCOHE) [he served as its President from 2008-2010], which attempted to get all universities in the Commonwealth, public as well as private, achieve equal education opportunity for students of color.  Our Commission was very active in this initiative as well and Terrell’s work helped to increase the numbers of students of color going to college and successfully graduate.  He was also key in helping to investigate and resolve tension situations related to race and ethnicity not only at PSU but on other campuses as well.  For instance, he led an investigation in 2007 at Bloomsburg University campus involving allegations of excessive force and misconduct by campus police toward African American students.  He conducted this investigation with skill, transparency and thoroughness, recommending better communication between students and police and cultural competency training for campus police.

Terrell’s presence in Centre County was well known, especially in his and the Advisory Council’s efforts in State College Borough’s consideration and passage of the Fair Housing (1994) and Human Relations Ordinances (in 2008), efforts of which you know so well (since you were so key in both of these), which had expansive protections beyond Commonwealth law for sexual orientation, marital status and family responsibilities.  Through the work of Terrell and the Council, relationships were built, to create a constituency that supported these ordinances.  It is notable that when the Fair Housing Ordinance was passed, there was [a large and very] vocal opposition to it.  The opposition to the expanded Human Relations Ordinance over a decade later was not only much smaller but much less vocal.  It was consciousness raising of our growing notions of equality, led by Terrell and the Council, that helped to foster this change.

Finally, Terrell not only knew issues of diversity and equality, he knew this state very well.  He pored over the bias reports that the Commission created, reported incidents of which he knew, but also added a historical perspective of these incidents for our state and nation.  In my dealings with him, I always walked away having learned something of value, lessons I carry in my work to this day and which our Commission carries on as well.

A place at the table for our Commission’s Inter-Agency Task Force is missing.  While none of us can fill this space that he leaves, his spirit and the knowledge he passed on will continue for decades to come.

The Farewell Tribute

At Terrell’s funeral on Saturday, August 23, the love for Terrell showed throughout the church. It was overflowing with people. The vestry was full. The room across the hall from the vestry was full. And those who couldn’t find seats in either of these rooms went downstairs to the reception hall. Fortunately all of us got to see the service since the church provided video access to the full service. I think the “Affirmation of Faith” affirms Terrell’s life-long passion for equity and justice. In part, here’s what was proclaimed

Affirmation of Faith by Canaan Banana (edited by Rev. Grey)

I believe in an almighty God

Maker of all people of every color and hue,

Who does not rank people according to their color or gender,…

Who provide[s] abundant resources for

Equitable distribution among all people….

[Who] overturns the iron rule of injustice.

From henceforth He shall continue to judge hatred, racism, sexism,

And every manner of dehumanizing exclusiveness and arrogance.

I believe in the properly placed spirit of reconciliation,…

The Power that overcomes the poverty, abject ghetto life,

Abject rural life, drug and alcohol addiction,

women and children abuse, and pimping, prostitution, and pushing in all of their forms.

And I believe in the … Resurrection of personhood

And equalizing justice, and equality…

Amen

 

Terrell, we’ll miss you at the table of equality and justice for all. You will be missed greatly. Rest in peace my friend.

 

Addendum: According to the obituary that appeared in the Centre Daily Times on August 21, the family has requested that in lieu of flowers, memorial contributions may be made to the Albright-Bethune United Methodist Church, P.O. Box 153, State College, PA 16804 or to the Dr. W. Terrell Jones Scholarship Memorial Fund at the Pennsylvania State University, by visiting www.GIveNow.psu.edu/TerrellJonesMemorial.

August 14, 2014

Protests Might Make a Difference – Stop the Brutality

Racial Brutality. Injustice. This all must stop.
I think it’s way past time for every police department in this country to look at the racial, gender, and sexual orientation make-up of their law enforcement team. Unless the team truly look like, experience and understand the people they serve, this type of brutality will continue.

trp2011's avatarNel's New Day

Ferguson, Missouri, is a suburb of St. Louis. Two-thirds of its population of 21,203 is black, but four out of five city council members are white. The black superintendent of schools was forced out for unknown reasons last November and replaced by a white man. Of the 53 police officers, 50 are white, yet blacks account for 93 percent of the arrests.  Of the 54 police officers, 52 of them are white. As Rachel Maddow pointed out in this video, the police officers’ prejudice against people of color in this town has been rampantly open for many years. The situation came to a tipping point four days ago when a town police officer killed Michael Brown, an unarmed teenager, possibly by shooting him in the back ten times.

When people gathered in protest after the teenager’s killing, police fired tear gas at them, sometimes when people were standing in their…

View original post 791 more words

April 30, 2014

Seeking Justice for Cherise

In August 2013, Yellowstone County (Billings), Montana Judge G. Todd Baugh sentenced ex-teacher Stacey Rambold to thirty days in jail for raping one of his 14-year-old students . Baugh had followed a recommendation from Rambold’s lawyer by giving Rambold a sentence of 15 years in prison with all but 31 days suspended and a one day credit for time served. Even worse, the judge showed gender and racial bias against Cherise Morales—the 14 year old, Hispanic girl who Rambold raped. During the sentencing hearing, Baugh stated that  the girl was “as much in control of the situation” as her rapist and that she was “older than her chronological age.”

Upon hearing about this incident, Joanne Tosti-Vasey, former PA NOW president and current member of the PA NOW Executive Committee contacted Montana NOW President Marian Bradley. After consulting with each other, Montana NOW and Pennsylvania NOW decided to coordinate a state and national action to push back against this egregious behavior and use of rape myths.

We focused on both the unethical behavior of Judge Baugh and on working to overturn the illegal sentence handed down on Rambold.

The Ethics Complaint Against Judge Baugh

First, we focused on a petition to sanction Judge Baugh. The first step was to help get a groundswell of people calling for the Montana Judicial Standards Commission to review and sanction Judge Baugh for his behavior. Working with We are Ultraviolet and Fitzgibbon Media we gathered over 130,000 signatures calling for the state to sanction Judge Baugh. Meanwhile we contacted Legal Momentum (a national women’s advocacy organization that houses the National Judicial Education Program on Gender Bias in the Courts) and Pennsylvania’s Women’s Law Project to assist us in crafting our complaint.

Marian Bradley standing next to the boxes of signed petitions calling for the removal of Judge G. Todd Baugh from the bench.

Marian Bradley, President of Montana NOW delivering the NOW complaint to the MT Judicial Standards Commission on September 24, 2013.

Using these petition signatures, we publicly delivered our complaint on September 24, 2013 against Baugh urging the Montana Judicial Standards Commission and the Montana Supreme Court to

  • Remove Judge Baugh from the bench for his misconduct related to his handling of and speech about the rape case involving the sentencing of Stacey Rambold; and
  • Implement a mandatory judicial education program for the judiciary on the fair adjudication of sexual assault cases to help the Montana justice system develop techniques to minimize victim re-traumatization while safeguarding the rights of the defendant.

As a result of this complaint and several others, Judge Baugh acknowledged on December 7, 2013 that he violated one of the three ethics rules we alleged he had violated. He said that he had failed to “promote public confidence in the independence, integrity,and impartiality of the judiciary,” and did not “avoid impropriety and the appearance of impropriety.” But he refused to acknowledge that  he used racial and gender bias in handing down the sentence and as a result, did not uphold the law. So we submitted a response detailing the rape myths he used in creating the sentence and in not following the law with the minimum, mandatory two-year sentence.

Then Baugh, in an effort to avoid the sanctions he could see coming, announced in January that he would not be seeking reelection in 2014. A couple of weeks after this announcement, the Montana Judicial Standards Commission announced that they were sending a recommendation to the Montana Supreme Court to use their oversight powers to sanction Judge Baugh.

The Amicus Brief

Meanwhile, on December 6, 2013, the Montana Attorney General’s office filed an appeal before the Montana Supreme Court. They are asking the court to remand the case back to the Yellowstone County District Court for sentencing that would follow the state law’s mandatory minimum sentencing guidelines.  They are asking for, at minimum, a four-year sentence.

NOW once again weighed in. Knowing that it is possible for advocacy groups to file “friend of the court” amicus curiae briefs, we contacted two members of our network of women’s legal advocacy organizations—The Women’s Law Project and Legal Momentum—to see if there was any interest in pursuing this amicus.  They put us in contact with Legal Voice and the Sexual Violence Law Center. Both of these organizations are based in Seattle, Washington and serve women in Montana.  As a result, all six organizations agreed to file an amicus.Attorney Vanessa Soriano Power and other members of the law firm Stoel Rives LLP took the lead in writing our brief and petitioning the Court to add our brief to their review of this case.

Montana’s Supreme Court rarely accepts amicus briefs, but did in this case. The amicus brief we filed focuses on rape myths and their inappropriate impact in adjudicating and sentencing in sexual-assault cases.  We are asking the court to take the effect of these types of myths into account when making their decision in this case and, upon remand, to assign the case of Stacey Rambold to a new judge for appropriate and legal re-sentencing.

What’s Happening Now?

Both cases were sent to the Montana Supreme Court for review. We heard on April 25 (the 10th anniversary of the March for Women’s Lives in Washington DC that brought out over one million people) that the decisions on what type of sanctioning Judge Baugh will receive and whether or not Stacey Rambold will be re-sentenced is pending.

This morning, the Montana Supreme Court handed down their decision in the Montana v. Rambold case (copy of the opinion can be seen here). The Court listened to the arguments presented by both the Attorney General’s office and by NOW. They overturned (“vacated”) the 30-day sentence and remanded the case back to the Yellowstone County Courts for re-sentencing in line with the minimum mandatory sentencing guidelines. In addition, they have ordered the county to assign the case to another judge for Rambold’s re-sentencing.

The last two paragraphs of the opinion indicate that the Court heavily relied on our amicus in ordering the remand:

¶21 On remand for resentencing, we further instruct the court to reassign the case to a different judge to impose sentence. We have considered several factors to decide whether a new judge should be assigned to resentence a defendant in a particular case, among them; whether the original judge would reasonably be expected to have substantial difficulty in putting out of his or her mind previously-expressed views determined to be erroneous, whether reassignment is advisable to preserve the appearance of justice, and whether reassignment would entail waste and duplication out of proportion to any gain in preserving the appearance of fairness. Coleman v. Risley, 203 Mont. 237, 249, 663 P.2d 1154 (1983) 10 (citations omitted). In State v. Smith, 261 Mont. 419, 445-46, 863 P.2d 1000, 1016-17 (1993), we remanded for resentencing to a new judge when the judge’s statement at trial evidenced bias against the defendant. Even where bias did not require reassignment to a new judge, we have reassigned where media coverage and public outrage “have snowballed to create an appearance of impropriety.” Washington v. Montana Mining Properties, 243 Mont. 509, 516, 795 P.2d 460, 464 (1990).

¶22 In the present case, Judge Baugh’s statements reflected an improper basis for his decision and cast serious doubt on the appearance of justice. The idea that C.M. could have “control” of the situation is directly at odds with the law, which holds that a youth is incapable of consent and, therefore, lacks any control over the situation whatsoever. That statement also disregards the serious power disparity that exists between an adult teacher and his minor pupil. In addition, there is no basis in the law for the court’s distinction between the victim’s “chronological age” and the court’s perception of her maturity. Judge Baugh’s comments have given rise to several complaints before the Judicial Standards Commission, which has recommended disciplinary action by this Court. Those complaints will be addressed in a separate proceeding. Under these circumstances, we conclude that reassignment to a new judge is necessary to preserve the appearance of fairness and justice in this matter.

Meanwhile the sanctions against Judge Baugh are still pending. This was confirmed in this morning’s opinion announced by the Montana Supreme Court: Judge Baugh’s comments have given rise to several complaints before the Judicial Standards Commission, which has recommended disciplinary action by this Court. Those complaints will be addressed in a separate proceeding.

We feel strongly that our work on this case shows our commitment to looking out for the women, children and families of our states and our nation. This behavior by our teachers and our judiciary should not and will not be tolerated. Our vigilance will continue.

— blog written by Joanne Tosti-Vasey and Marian Bradley

January 20, 2014

MLK Jr. and his “Family Planning — A Special and Urgent Concern” Speech

Access to Abortion Services is Part of Reproductive Justice and Civil Rights

Access to Abortion Services is Part of Reproductive Justice and Civil Rights (http://www.now.org/issues/abortion/)

This morning, the Greater Grand Rapids chapter of the National Organization posted a blog in honor of Martin Luther King’s birthday.  His birthday is actually on January 15.  But we celebrate it with a federal holiday on the Monday following January 15 each year. Their blog focuses on Dr. King’s strong support for reproductive justice as part of women’s basic civil rights.  Take a moment and read what they have to say. Meanwhile, here’s something you might not know about Dr. King.  Dr. King wrote a speech honoring Margaret Sanger in 1966. Sanger was the founder of Planned Parenthood Federation of America (PP).  Dr. King’s speech on reproductive justice was written in response to being awarded one of the four first Margaret Sanger Awards given by PP.  Since he was in jail at the time of the presentation, Coretta Scott King read his acceptance speech.  King entitled this speech,

Family Planning — A Special and Urgent Concern

Here’s what he said on family planning and its link to civil rights:

…. There is a striking kinship between our movement and Margaret Sanger’s early efforts. She, like we, saw the horrifying conditions of ghetto life. Like we, she knew that all of society is poisoned by cancerous slums. Like we, she was a direct actionist — a nonviolent resister. She was willing to accept scorn and abuse until the truth she saw was revealed to the millions. At the turn of the century she went into the slums and set up a birth control clinic, and for this deed she went to jail because she was violating an unjust law. Yet the years have justified her actions. She launched a movement which is obeying a higher law to preserve human life under humane conditions. Margaret Sanger had to commit what was then called a crime in order to enrich humanity, and today we honor her courage and vision; for without them there would have been no beginning. Our sure beginning in the struggle for equality by nonviolent direct action may not have been so resolute without the tradition established by Margaret Sanger and people like her. Negroes have no mere academic nor ordinary interest in family planning. They have a special and urgent concern….

[O]ne element in stabilizing his [sic] life would be an understanding of and easy access to the means to develop a family related in size to his community environment and to the income potential he can command.

This is not to suggest that the Negro will solve all his problems through Planned Parenthood. His problems are far more complex, encompassing economic security, education, freedom from discrimination, decent housing and access to culture. Yet if family planning is sensible it can facilitate or at least not be an obstacle to the solution of the many profound problems that plague him….

Some commentators point out that with present birth rates it will not be long before Negroes are a majority in many of the major cities of the nation. As a consequence, they can be expected to take political control, and many people are apprehensive at this prospect. Negroes do not seek political control by this means. They seek only what they are entitled to and do not wish for domination purchased at the cost of human misery. Negroes were once bred by slave owners to be sold as merchandise. They do not welcome any solution which involves population breeding as a weapon. They are instinctively sympathetic to all who offer methods that will improve their lives and offer them fair opportunity to develop and advance as all other people in our society.

For these reasons we are natural allies of those who seek to inject any form of planning in our society that enriches life and guarantees the right to exist in freedom and dignity….

July 25, 2013

King’s Dream in 2013: Interlocking Destinies

It’s been 50 years since Martin Luther King, Jr. gave his iconic “I Have a Dream” speech in front of the Lincoln Memorial in Washington, DC. One of his colleagues at that event was the Rev. Jessie Jackson, Sr.  Rev. Jackson has continued speaking and advocating for that dream of “uniting people on common ground across race, culture, class, gender, and belief.”  This idea of interlocking destinies was presented during his plenary speech at the National NOW Conference held in Chicago on July 5, 2013.

I was in the room during Rev. Jackson’s speech and took several video clips with my smart phone.  One of them came out clear enough to post on this blog.  So after getting back home, participating in a family reunion, and then spending a week and a half looking for a replacement car for our 253,000+ mile vehicle, I was able to upload the video and present it to you.

Video of Jessie Jackson at the 2013 National NOW Conference in Chicago, IL

The following quotes, along with the time tags are some of the best comments, IMHO, that Jessie Jackson made during this speech discussing the intersection between the women’s movement and the civil rights movement, which at 13:59 into this video, Jackson calls a “sharing of interlocking destinies.” He started off by discussing these Interlocking Destinies and shared rights.

3:10 Fifty years after the “I Have a Dream” speech, we still need the ERA [Equal Rights Amendment].

3:52 The right to vote should not be a state right. It’s a constitutional right for everyone.

4:10 Every child should have access to have access to high-quality public education.

4:20 No matter if you are in Mississippi, Maine, or in California, we live under one flag; you should have equal protection under the law.

5:52 Our goal is to learn to live together.

6:20 Civil rights cannot be another word for “black” and NOW cannot be another word for “white women.”  Black women, in big numbers, should be members of NOW now!

7:00 We must pull down the walls [of cultural resistance] that leave us in the shadow of fear…. When the walls come down, we can all grow bigger, better, stronger with greater productivity.  When the walls come down.

9:00 There’s a new South today that can have the Super Bowl, CNN, high-tech universities [showing that we are] learning to live together.  Yet…

At this point, Rev. Jackson starts talking about some of the interlocking issues of racism and sexism still present that need to be addressed in the United States:

9:56 It’s interesting to me that during the Republican Primary, in my [home] state [South Carolina] with an open primary, not one candidate went to a single school or church of the black community.  Not one! 33% black.  Not only did they not go, the media did not challenge them to go.  This instance [of the] reinforcement of apartheid was natural because it’s [still] normal.

Jackson then spends a bit of time framing these interlocking destinies and the problem of economics and access to justice.  He gave several examples of this framework.  The one that resonated with me was the one about the automobile industry, considering that my car had died the weekend before the conference and knowing that I would soon be car shopping. He said,

12:38 What does it mean that there are 21,000 automobile dealerships? 200 black-owned. Almost no women. Pepsi: one black franchise. Coke: zero. When you go get educated. You get your masters and PhD degrees. Business people, you cannot buy one of these franchises, by the way, because they were sold under the laws of perpetuity. Those that got the territories [back in the day] have the territory eternally.  So it’s not about getting on the ball field.  If you get on the ball field, there are no balls left…. Even money can’t buy them.

And finally, just as the battery in my smart phone died, he ended on a high note using history to look towards the future. He said that as in the past, we have not and can never be at loss for continuing to advocate for reform.  This is what I caught on the video as it beeped “bye-bye:”

13:59 The agenda of race and gender equality are inextricably bound.  We share interlocking destinies.  African-Americans won the right to vote in 1879 – 15th Amendment. Women in 1920 – 19th Amendment. We [finally] got the right for blacks to vote in the Deep South in 1965 [with the Voting Rights Act] while women got the right to serve on juries in 1967 – 2 years later [as a result of the US Supreme Court decision in Taylor v. Louisiana].  Eighteen year olds got the right to vote in 1970; [before that] those [young people] serving in Vietnam could not vote…

April 23, 2013

This Needs To Be Said: Americans Look Like Everyone

Americans are a melting pot of people from all over. We come from everywhere. Some are indigenous to the American continent. Most of us are not and in fact are a blend of many different ethnicities.

In response to the senseless bombing that occurred last week in Boston, I became concerned that we might have a hate-filled backlash against Muslims and Arab people much like what happened after 9-11.

I was beginning to put together a new blog posting on our multiethnic, multiracial society in response to the bombing and the aftermath to say that we need to be accepting of people no matter yours or anyone else’s ethnicity, race, or religion. Just as I began my writing, I got an email noting that Erin Matson had said essentially what I was writing.

So instead, I decided to reblog her posting with some additional comments for all of my readers.

Most religions talk about peace, equality, integrity, and stewardship or caring for others. My personal perspective is in agreement with these religions.  That is, no matter what your race, gender, religion (or non-religion), ability or disability, gender identity, or sexual orientation, we all can agree to accept each other in peace and racial harmony.

So take a moment, look at all of your neighbors and all of the people you come in contact with. Take a breath. Smile. Welcome them. And embrace them.

Our diversity is what makes us human. Accepting, celebrating, and embracing others just for whom they are rather than showing hate and fear should be the mantra for all of us.

Welcome everyone. Take care of yourself and those whom you come into contact with either face to face or in any other way.

erintothemax's avatarErin Matson

Who didn’t watch the news coverage of the senseless terrorist bombings in Boston with a mixture of horror and sadness? After coverage shifted from deaths and injuries to the Federal Bureau of Investigation releasing photographs of the suspects, some news anchors suggested that you couldn’t tell by the pictures if they were American or not.

Clearly, this needs to be said: Americans look like everyone.

Americans come in every skin color, hue, and shade that pigment and sunlight know how to put together.

Americans are girls, women, boys, and men. There is not a gender identity or sexual orientation that doesn’t look American – in military uniform, in scouting uniform, or in casual clothes.

Americans have faith. Americans don’t have faith. The Constitution contains a declaration of faith that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” This means that Atheists, Christians…

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March 21, 2013

Voting Rights for Felons and Ex-Cons

vote button

Voting Rights for Felons and Ex-Cons

Yesterday, a friend of mine called me.  She said that she had been talking to a woman whose partner had a felony record who had served his time for the crime.  Among the several issues they discussed was his frustration that he was no longer able to vote.  Like many people, my friend and the couple she was talking to me about all believe that once someone has been found guilty of a felony, they face a lifetime ban on their constitutional right to vote.

Since primary season is coming up in many places around the country and since most states have voter registration deadlines before their primary election day, I thought I’d provide some background information on this issue.

What is the myth?

Simply stated, the myth is that ex-cons cannot vote – once convicted and forever afterwards. There are at least two errors in this myth:

  • Except for a narrow category of crimes in Mississippi, disenfranchisement does not occur in any state if you are found guilty of a misdemeanor crime.  Even if you spend time in jail for that misdemeanor.
  • Voter disenfranchisement for people with a felony conviction differs by state.  Eleven states permanently disenfranchise some or all current and former felons from voting, but most don’t.

So it all depends on where you live. Here’s what I found out about state laws on this issue from the Brennan Center for Justice

Permanent Disenfranchisement for All Felons

Only four states – Iowa, Florida, Kentucky, and Virginia – permanently disenfranchise current and former felons from voting.  The only way for a person to have their voting rights reinstated is through an “individual rights restoration” process set up by each state.

Permanent Disenfranchisement for Some but Not All Felons

Seven states permanently disenfranchise some, but not all current and former felons from voting.

In Arizona, if someone is convicted of two or more felonies, the right to vote is permanently denied.

In the other six states in this category, you need to check your state law to determine which felony convictions permanently deny you the right to vote. Here’s a quick summary of these laws.

  • In Alabama, you can be permanently barred from voting if your crime is listed in their disenfranchisement list. If the conviction is a “moral turpitude” type of conviction, you can have your voting rights restored upon completion of your sentence and payment of fines and fees.
  • In Delaware, voting after incarceration can be reinstated five years post-incarceration unless the crime you committed is one among a list of crimes that permanently disenfranchises your right to vote.
  • In Mississippi, you permanently lose your right to vote if you are convicted of any of ten categories of crime, whether that crime is a felony or misdemeanor.  If your crime isn’t on this list, you can vote even while incarcerated.  Note, this is the only state that has a law that permanently bans voting for someone who has created a misdemeanor.
  • In Nevada, if someone is convicted of two or more felonies, the right to vote is permanently denied.  People convicted of violent crimes at any time are permanently barred from voting. Nevada will restore those rights if a pardon is granted or if the court where the conviction originally occurred restores those rights.
  • In Tennessee, if your crime is on the list of crimes that permanently bar you from voting, then you can only have these rights reinstated if you are pardoned.  For all other crimes, you can have your voting rights restored upon completion of your sentence, payment of fines and fees, and show that you are up to date on all child support payments.
  • In Wyoming, you can have your voting rights restored five years post-incarceration for first-time non-violent crimes.  All others are permanently disenfranchised unless pardoned by the Governor.

Voting Rights Restored Upon Completion of Incarceration, Probation, and Parole

Nineteen states – Alaska, Arkansas, Georgia, Idaho, Kansas, Louisiana, Maryland, Minnesota, Missouri, Nebraska, New Jersey, New Mexico, North Carolina, Oklahoma, South Carolina, Texas, Washington, West Virginia, and Wisconsin – restore your rights to vote upon completion of your sentence, which includes incarceration, probation, and parole.

In Nebraska, one additionally has to wait two years after completing the sentence before being allowed to vote.

In Washington state, you can lose your right to vote again if you haven’t paid your financial obligations after completing your sentence.

Voting Rights Restored After Incarceration and/or Probation

Five states – California, Colorado, Connecticut, New York, and South Dakota – allow you to vote once you have completed your sentence and/or probation.

In New York, those on probation can have their voting rights restored if they receive either a “Certificate of Relief from Disabilities or a Certificate of Good Conduct.”

Voting Rights Immediately Restored After Incarceration

Fifteen states – the District of Columbia, Hawaii, Illinois, Indiana, Massachusetts, Michigan, Montana, New Hampshire, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, and Utah – immediately restore voting rights upon one’s release from jail or prison. There are no voting restrictions for people on parole or serving probation time.

No Restrictions on Voting for People with a Criminal Record

And just two states – Maine and Vermont – allow anyone otherwise eligible to vote regardless of criminal conviction to vote. Even while incarcerated, on probation, or parole.

Who is most likely to be impacted by this disenfranchisement?

According to the ACLU, people and communities of color are most often disparately impacted by felony disenfranchisement laws. There are over 5.3 million people in the United States that are barred from voting due to a criminal conviction.  The majority of these crimes are non-violent.

Of the 5.3 million disenfranchised, 1.4 million or 26 percent of people with a criminal conviction are African-American citizens.  Considering that black persons make up just 13 percent of the national population, one can immediately see that if you are Black, you are twice as likely to have your voting rights denied.  This means that one in 13 African-Americans across the country are being denied their right to vote.

The myth of an ex-con never being allowed to vote compounds this issue. As previously stated, many believe that once convicted, they can never vote again.

With a widespread belief in this myth as well as a lack of public education to refute it, more and more ex-cons are at risk of not regaining their right to vote. Since actual disenfranchisement disparately impacts people of color, this assumption exacerbates this form of discrimination.

In my opinion, little is done by the government, courts, and communities to educate people and communities about their voting rights when one has been sentenced for a crime.  Exceptions to this come from only a few, non-profit advocacy sources, including the ACLU, the Brennan Center for Justice, the Prison Policy Initiative, and the Sentencing Project.   There are others, but I believe that these four contain the best resources.

What do you need to do to get registered?

If your state is one of the states that do not permanently disenfranchise people who have completed their sentence (or if you live in Maine or Vermont which has no felony restrictions on voting), you should check out what your state law is regarding registering to vote.  The federal government has a website that has basic information on how to register and what the registration deadlines are by state.  It also has links to every state’s election office website where you can get details about state-specific requirements for voter eligibility.

If you know or believe that you have the right to vote in your state despite having a criminal history and receive a denial to vote when you attempt to register, you should check with an organization that provides legal services to people who have been incarcerated.  You can find a listing of these organizations by state here.  If your state isn’t listed, then the Prison Policy Initiative suggests that you contact one of the national groups that provide voter disenfranchisement assistance.

Once you get registered, GO VOTE!  It’s your right.